Remuneration guide to inclusions and exclusions. Workers Rehabilitation and Compensation Act 1986

Transcription

1 Remuneration guide to inclusions and exclusions Workers Rehabilitation and Compensation Act 1986 July 2013

2 Disclaimer The information produced by WorkCoverSA in this publication is correct at the time of printing and is provided as general information only. In utilising general information about workplace health and safety and injury management, the specific issues relevant to your workplace should always be considered. This publication is not intended as a substitute for the requirements of the Workers Rehabilitation and Compensation Act 1986 or the Work Health and Safety Act WorkCoverSA, 2013 Page 2

3 Contents Disclaimer...2 Remuneration...6 Remuneration and Goods and Services Tax (GST)...6 Remuneration items that are included or excluded...6 Accommodation allowance...7 Annual leave...8 Back pay...8 Bonuses...8 Call out or call back allowance...8 Clothing allowance...8 Club subscriptions...8 Commission...8 Credit units (trade dollars)...8 Directors' fees and emoluments...9 Dirt money...9 Disability allowance...9 Dry cleaning...9 Entertainment allowance...9 Fares for travel...9 First aid allowance...9 Follow the job allowance...9 Fringe benefits...9 Footwear allowance Health insurance Higher duty allowance Holiday pay Home entertainment allowance Incentives Employee (worker) incentive plan contributions Industry allowance Instructor s allowance WorkCoverSA, 2013 Page 3

4 Leave loading Life assurance Living away from home allowance Loadings Locality allowance Long service leave Meal allowance Motor vehicle allowance Other allowances Over award payment Overtime allowance Paid parental leave Penalty rates Personal accident and sickness insurance Piece work payments Qualifications allowance Reimbursement payments Remote area allowance Rental allowance Representation allowance Salary Salary continuance insurance School or education expenses for children, spouse or dependants of workers Service Increments Severance pay Sick pay Site allowance Skill allowance Standby or on call allowance Study allowance Superannuation contributions Supplementary payments WorkCoverSA, 2013 Page 4

5 Telephone allowance Termination payments Tool allowance Travelling allowance Uniform allowance Wages Workers compensation payments WorkCoverSA, 2013 Page 5

6 Remuneration Remuneration is defined as payments made to or for the benefit of a worker, but it s not just wages or salary you need to include in your remuneration return and reconciliation statement. Benefits to workers include items such as superannuation contributions, fees or bonuses, footwear, uniform, clothing and/or dry cleaning allowances and living away from home allowances. There are more than 60 allowances or benefits that could make up the remuneration you pay your workers. Some areas that WorkCoverSA has identified that employers sometimes overlook include understating superannuation and gross wages not including payments to subcontractors who are deemed workers under the Act remuneration that is not verified against original records. A list of payments made to a worker in your employment is outlined in this booklet. This will help you calculate the premium payable and make your declaration of total remuneration paid to workers employed by your business. NOTE: The following information has been provided as a general guide to what is and is not included in remuneration. It does not limit the term remuneration for WorkCoverSA premium purposes. Information (including dollar amounts and any figures) are subject to change. Remuneration and Goods and Services Tax (GST) (a) (b) In relation to salary sacrifice benefit(s) or fringe benefit(s), remuneration is the GST-inclusive value of the benefit(s) (ie, cost of the acquisition of the benefit by the employer (after deducting input tax credits to which the employer is entitled on account of the acquisition of the benefit) plus GST paid by the employer to the Australian Taxation Office). In the case of payment(s) to contractors as a worker as defined under the Act, remuneration is the GST-exclusive amount of the prices paid by the employer to the contractor (ie, amount paid to the contractor less any amount paid to the contractor on account of GST less any input tax credits to which the employer is entitled in relation to the acquisition of the contractor s services). Remuneration items that are included or excluded The items listed below are items included within the term 'remuneration' unless where specifically shown as being excluded. If you are making payment(s) to or for the benefit of a worker that are not listed, contact WorkCoverSA on for further information. WorkCoverSA, 2013 Page 6

7 Accommodation allowance An amount paid to or for the benefit of a worker in respect of the cost of accommodation at a hotel, motel, guesthouse or other temporary lodging, while the worker is absent from their usual residence in the course of employment during the financial year concerned and at a rate that does not exceed: 1) the total reasonable amount for daily travel allowance expenses using the lowest capital city for the lowest salary band for the financial year determined by the Commissioner of Taxation of the Commonwealth, 2) if no determination referred to 1) above is in force, the rate prescribed by the regulations under the South Australian Pay-roll Tax Act An allowance in the form of a payment paid to or for the benefit of a worker (including a Living away from home allowance or travelling allowance) is included as an accommodation allowance provided it has the following characteristics: it is an allowance (not a direct reimbursement of an expense incurred by the worker) it is a payment made by an employer to a worker on the grounds that the circumstance of a particular employment event (ie, unable to return home at night) requires the worker to use accommodation at a place other than their normal place of residence where the employer is bound by an award, or registered industrial agreement or industrial agreement relating to an award to make the payment to a worker the allowance is to provide money for accommodation expenses and related expenses (eg, meals and incidentals). Note: The fact that the worker may not choose to use the full amount of the allowance (eg, a worker may choose to sleep in the cabin of the truck whilst away from home) does not in itself stop the payment from being treated as an accommodation allowance. It is the character of the payment, determined by the intent of the employer to relieve the worker of the burden of accommodation expenses, which is the determining factor. A payment by way of an accommodation allowance is not included if the payment is made at the rate not exceeding the relevant rate for a particular period as determined by the Commissioner of Taxation of the Commonwealth or if no determination is in force, the rate prescribed by the regulations under the South Australian Pay-roll Tax Act This rate is determined normally in June each year and sets the amount to operate from 1 July. The following Table sets out the rate for the purposes of accommodation allowance in the calculation of remuneration for the purposes of the premium payable by an employer under the Workers Rehabilitation and Compensation Act Effective date I July 2013 (onwards) Accommodation allowance not to exceed $ (per night) 1 July 2012 to 30 June 2013 $ (per night) 1 July 2011 to 30 June 2012 $ (per night) 1 July 2010 to 30 June 2011 $ (per night) WorkCoverSA, 2013 Page 7

8 Annual leave Payment(s) that are ordinarily are paid together with leave loading of 17.5% where applicable. This includes any payment to a worker in lieu of annual leave foregone or deferred (except a termination payment from 1 July 1992). This includes annual leave payments made to a worker who has a claim for compensation and is receiving (or has received) income maintenance. Back pay Any payment in arrears, which is made to workers or ex-workers for work previously carried out. This includes retrospective payments due as a result of award rate increases or national wage increases. Bonuses Gratuities or rewards paid or provided by the employer over and above a fixed salary or wage. This includes non-business related travel, such as the cost of fares, accommodation, meals and incidentals paid by the employer for the benefit of a worker. Excludes payments as rewards or prizes provided by any organisation such as a distributor or trade association (eg, sales targets met, apprenticeship awards) paid by but not originating from the employer and travel undertaken by a worker relating to the employer s trade or business (eg, conference or trade fair). Call out or call back allowance An amount paid to compensate for working outside of normal work hours, or inconvenience experienced to return to work (outside normal working hours eg. TV technicians, maintenance workers, medical staff etc). This may be in addition to any overtime paid. Clothing allowance An amount paid to enable purchase of clothing, or to compensate for any wear and tear of clothing, whether or not worn at work. Excludes payment(s) which is a reimbursement to the worker for specific expenditure. Club subscriptions An amount paid to or on behalf of a worker, for membership of any club or association. Excludes any club subscription where it can be reasonably demonstrated that the payment is a business-related expense or where the worker's membership is in the interests of the employer's trade or business. Commission Payments, usually to sales or marketing personnel, made in addition to any salary retainer, for units sold or sales targets achieved. Includes bonuses or spotter's fees paid to non-marketing employees. Credit units (trade dollars) From 1 November 1994, all payments qualifying as credit units including trade dollars ( credit units ) arising from a barter or counter trade transaction are included. The value of any credit unit is valued as equal to one WorkCoverSA, 2013 Page 8

9 Australian dollar (or another value where it is established, to WorkCoverSA s satisfaction, a particular organisation's credit units are being traded consistently at that value). Directors' fees and emoluments Directors fees and emoluments are included only when paid to directors who are workers. Dirt money An amount paid for work performed in a dirty or unpleasant environment (eg, boiler scraping, handling toxic chemicals etc.), sometimes referred to as danger money. Disability allowance An amount paid to compensate for lack of facilities or inconvenient working conditions (eg, exposure to elements, distance to travel to work, remote location of workplace). Dry cleaning Payments made by the employer to the workers to cover cleaning of uniforms or other clothing. Excludes payment(s) made as a reimbursement to the worker for specific expenditure. Entertainment allowance An amount paid to cover expenditure for entertainment of clients or business associates. Includes entertainment that takes place at the worker's home or another venue outside business premises. Fares for travel An amount paid to a worker for non-business/work related travel. Payment includes the cost of obtaining passports, visas, medical certificates and travel insurance. The payment is included whether or not the worker personally undertakes travel or whether the payment is used to finance the travel of another person (eg, a member of the worker's family). Excluded if the payment is reimbursement to the worker for specific expenditure on business-related travel. First aid allowance An amount paid to a worker, qualified or competent to administer first aid, for being on standby to treat an illness or injury at work. Follow the job allowance An amount paid to a worker to compensate for the need to work away from home at various locations. (eg, prospecting camp, shearing team, circus, travelling trade fair). Fringe benefits Payments paid by an employer as a benefit that is part of the worker's reward. These payments are to be included where the fringe benefit is of a quantified monetary value. Any fringe benefit tax paid by the employer is not a part of a fringe benefit. WorkCoverSA, 2013 Page 9

10 Footwear allowance An amount paid to purchase and maintain footwear whether or not used at work (eg, safety boots, dancing shoes). Excluded if payment is a reimbursement to the worker for specific expenditure on footwear intended to be worn at work. Health insurance An amount paid by the employer to a health insurance fund for the benefit of workers. Includes any top up payments by the employer to cover the difference between the amount billed by a medical provider and that paid by a health insurance fund. The gross amount of premiums paid by the employer is included as remuneration. Excluded are the proceeds of an insurance claim. Higher duty allowance An amount paid to a worker who temporarily fills a position. Holiday pay An amount paid to a worker taking recreation leave and may be paid together with a leave loading eg, 17.5%. Includes any payment (except a termination payment from 1 July 1992) to or for the benefit of a worker in lieu of holiday pay foregone or deferred. Home entertainment allowance An amount paid to the worker to cover expenditure for entertainment of clients or business associates at the worker's place of residence. Incentives Employee (worker) incentive plan contributions Industry allowance An amount paid to a worker in a specific industry, or working under a specific industrial award eg, building and plumbing industry allowances. Instructor s allowance An amount paid in recognition of any qualifications or experience as an instructor, trainer, lecturer or adviser, or for work performed in any of these categories. Leave loading An amount paid in addition to, and usually together with, any payments made to a worker for recreation leave. The payment is generally 17.5% of leave pay, but may vary where the payment is made outside of an award or industrial agreement. WorkCoverSA, 2013 Page 10

11 Life assurance Any premium or lump sum paid on behalf of a worker to a life insurance company for a policy of life insurance. The proceeds of any insurance policy are not remuneration and: includes premiums paid on any investment-type policy such as an Insurance Bond or Capital Guaranteed Investment Bond includes purchase by the employer of an annuity on behalf of the worker excludes purchases paid on a worker's policy where the company is the ultimate beneficiary. Living away from home allowance A payment made by an employer to a worker on the grounds that the circumstance of a particular employment event (ie, unable to return home at night) requires the worker to use accommodation at a place other than their normal place of residence where the employer is bound by an award, or registered industrial agreement or industrial agreement pursuant to an award, to make the payment to a worker. Excludes payment(s) which is a reimbursement to the worker for specific expenditure. From 1 February 1993, Living away from home allowance is to be considered as an accommodation allowance (see Accommodation allowance). Loadings Amounts paid above usual salary or wages to the benefit of a worker for specific work-related circumstances such as leave loading, overtime, remote locations, dangerous work etc. Locality allowance Paid to or for the benefit of a worker as compensation for residing and/or working in a distant, unpleasant or remote location. Long service leave Payments made as recognition of a designated number of years of service. Employer contributions to the Long Service Leave Board or any other retirement fund likely to benefit workers individually or collectively are included. Lump sums paid where the long service leave had fully accrued prior to 30 September 1987 are excluded. From 1 July 1992 payments as a contribution to a fund are excluded if they relate to redundancy/severance payments to a worker. Meal allowance An amount paid to a worker to provide a meal when work is performed inside or outside the usual hours of work. The payment attracts a premium whether or not the worker actually purchases a meal. Excluded is a payment that is a reimbursement to the worker for specific and actual expenditure. WorkCoverSA, 2013 Page 11

12 Motor vehicle allowance A payment to a worker for using their own motor vehicle in the course of their employment. Excluded is a payment in respect of the use of the worker s own motor vehicle in the course of employment, for the financial year concerned, at a rate that does not exceed: i) the rate prescribed by the regulations under section of the Income Tax Assessment Act 1997 of the Commonwealth for calculating a deduction for car expenses for a large car using the cents per kilometre method ii) if no rate is prescribed as referred to in i) above, the rate prescribed by the regulations under the South Australian Pay-roll Tax Act 1971 for each kilometre actually travelled in the course of and for the purposes of that employment. A payment by way of a motor vehicle is not included if the payment is made at the rate not exceeding the relevant rate for a particular period as determined by the Commissioner of Taxation of the Commonwealth or if no determination is in force, the rate prescribed by the regulations under the South Australian Pay-roll Tax Act This rate is determined normally in June each year and sets the amount to operate from 1 July. The following table sets out the rate for the purposes of motor vehicle allowance in the calculation of remuneration for the purposes of the premium payable by an employer under the Workers Rehabilitation and Compensation Act Effective date Motor vehicle allowance not exceeding 1 July 2009 (onwards) 75c per km 1 August 2008 to 30 June c per km Other allowances Any other allowance, not otherwise itemised, as a reward to a worker in the form of a payment made to or for the benefit of a worker. Excluded is a payment(s) that is a reimbursement to the worker for specific expenditure is. Over award payment A payment that relates to an amount paid, which is above the basic rate set down by an industrial award applicable to that worker. Overtime allowance An amount paid that the worker may retain whether or not any overtime is worked. The payment may be in lieu of any contingency to work outside normal working hours. Paid parental leave The payment of normal salary or wages to a worker to cover any period the worker was absent from work due to employer paid parental leave. Excluded are all payments to or for the benefit of a worker as a consequence of a worker s eligibility to a payment by way of a determination in terms of the Paid Parental Leave Scheme under the Paid Parental Leave Act 2010 of the Commonwealth. WorkCoverSA, 2013 Page 12

13 Penalty rates An amount paid for work performed outside the usual structure of a working day or week eg, shift-work penalty rates. The concept differs from overtime in that the usual quantity of hours would tend to be worked but the work would be carried out by a different arrangement of shifts, or in a workplace with varying conditions. Personal accident and sickness insurance An amount paid to or for the benefit of a worker to affect or maintain insurance to cover the contingency of loss of wages or other income due to accident, illness or death through an accident. Excluded are proceeds of an insurance claim or where the employer is the ultimate beneficiary. Piece work payments Productivity-based payments made to a worker at an agreed rate per item produced, assembled or fabricated by that worker. Qualifications allowance An amount paid in recognition of any academic or technical qualification or attained level of competence possessed by the worker eg, degree, diploma, certificate or level of specialised experience. Reimbursement payments Excluded are payments for reimbursement to a worker for payments or expenses actually made or incurred by a worker for goods or services for, or on behalf of, an employer or acquired by or provided to a worker in the course of, and for the purposes of, work performed by the worker for that employer. Remote area allowance An amount paid to or for the benefit of a worker for any inconvenience experienced or expected to be experienced while work is performed in any area lacking facilities or access to amenities and services, eg, desert mining camp, cattle station, Antarctic base. The payment is included whether or not the worker actually works in a remote area. Rental allowance An amount paid to or for the benefit of a worker to alleviate the cost to the worker of obtaining rented accommodation. The payment is included whether or not the worker takes up residence in rented premises. Representation allowance An amount paid to cover time and expense which has been or may be incurred by the worker in the capacity of having to represent, deputise or act as proxy for the employer in any conference, meeting, negotiation or business-related discussion for that employer. WorkCoverSA, 2013 Page 13

14 Salary Payments made to a worker for work performed over a set period of time. The term is interchangeable with wages (see wages). This often includes loadings, above-award payments, overtime or out-of-hours work, and is often distinguished by pay periods of greater than one week. Salary or wages can be sacrificed into a variety of benefits including superannuation, car fringe benefits (providing a car for private use) and expense payment fringe benefits such as school fees, childcare costs, loan repayments, home/desktop or laptop computer. The WorkCoverSA premium is payable on a worker s total remuneration package which includes the amount of salary or wages sacrificed. Salary continuance insurance An amount paid for insurance intended to provide the worker with continuance of income in the event of illness or accident not covered by workers compensation., The payment (eg, premium) is included whether or not the worker actually lodges a claim against the policy. Excluded are any proceeds of an insurance claim. School or education expenses for children, spouse or dependants of workers Payments made to or for the benefit of a worker to cover any fees or expenses of providing education or tuition at a university, TAFE or technical college, or any sporting, religious, commercial, private or state school not for the trade or business of the employer. Service Increments Payments to a worker based upon the length of service with the employer (eg, annual increments in salary or wages). The length of service may be counted retrospectively where carry over arrangements exist, eg, State Public Service. Severance pay Any payment as a consequence of cessation of the worker's employment because of redundancy. The payment may be made in conjunction with other termination payments. From 1 July 1992 severance payments are excluded. Sick pay The payment of normal salary or wages to a worker to cover any period the worker was absent from work due to accident/illness. Site allowance An amount paid to provide for work having to be performed at a particular location eg, mining camp, overseas, another office or factory, or any distant, dangerous or inconvenient location. The allowance is included whether or not it is actually spent by the worker. WorkCoverSA, 2013 Page 14

15 Skill allowance An amount paid in recognition of any skill brought to the job or any special aptitude displayed, eg, the command of another language useful to the job, the ability to drive a forklift or operate a crane. Standby or on call allowance An amount paid for being prepared to work, upon request, outside usual working hours, or remaining near a telephone or pager to receive any such request. This may be in addition to any overtime paid. Study allowance An amount paid as an incentive to study, or to cover the costs of any education or tuition. The allowance is included whether or not the worker has incurred any costs of study. Superannuation contributions Any payment including a premium or lump sum paid to a superannuation fund or retirement annuity plan for the benefit of a worker. Includes employer contributions under the Superannuation Guarantee legislation, employer contributions under an award, additional employer contributions and employer contributions forming part of a worker's salary sacrifice arrangement,. Supplementary payments Any payment or allowance made to or for the benefit of, a worker in addition to the worker's usual salary or wages. Telephone allowance An amount paid to meet the cost of a telephone connected to the worker's residence or to compensate the worker for use of the telephone for the employer's business. Excluded are payments that are a reimbursement to the worker for specific expenditure. Termination payments An amount paid to, or for the benefit of, a worker as a consequence of cessation of the worker's employment. This term usually applies to payments of accrued salary or wages, unpaid commissions, and unused holiday pay and unused long service leave. A payment may be associated with severance/redundancy. Excluded from 1 July 1992 is an amount paid to or for the benefit of a worker because of cessation of employment, either as termination payment or redundancy/severance pay or eligible termination payment as defined in the Commonwealth Income Tax assessment Act, Tool allowance An amount paid to pay the cost of any tools, implements or instruments, which the worker may purchase for use by the worker in the course of the worker's employment. The allowance is included whether or not the worker actually purchases any tools. Excludes the cost of tools provided by the employer. WorkCoverSA, 2013 Page 15

16 Travelling allowance A payment made to cover the contingency of any travel costs. The allowance is included whether or not the worker actually uses it for the purpose of travel. From 1 February 1993 a travelling allowance, subject to meeting particular criteria, is to be considered as an accommodation allowance. Excludes fares for business travel paid by the employer or payments that are a reimbursement to the worker for specific expenditure. Uniform allowance An amount paid to enable the worker to purchase or maintain a uniform or an item of corporate clothing. The allowance is included whether or not the worker actually uses the allowance for that purpose. Excluded are payments that are a reimbursement to the worker for specific expenditure. Wages Payments made to a worker for work performed over a set period of time. The term is interchangeable with salary. Workers compensation payments Payments made as compensation by way of income maintenance (ie, a payment in accordance with section 46(3) under the Workers Rehabilitation and Compensation Act, 1986) are excluded. WorkCoverSA, 2013 Page 16

17 WorkCoverSA 400 King William Street, Adelaide South Australia 5000 General enquiries: Fax: (08) Website: Free information support services: If you are deaf or have a hearing or speech impairment you can call WorkCoverSA through the National Relay Service (NRS): TTY users can phone then ask for Speak & Listen (speech-to-speech) users can phone then ask for Internet relay users can connect to NRS on then ask for For languages other than English call the Interpreting and Translating Centre (08) and ask for an interpreter to call WorkCoverSA on For Braille, audio or e-text call Document: Remuneration guide to inclusions/exclusions File name: Remuneration guide to inclusions and exclusions.doc Last updated: 23 July 2013 The information produced by WorkCoverSA Corporation of South Australia in this publication is correct at the time of printing and is provided as general information only. WorkCoverSA is a statutory authority funded by employers to rehabilitate and compensate South Australians injured at work. WorkCoverSA, 2013 Page 17